In recent amendment to Trademark Rule 2017, number of changes are introduced related to fees, category of applicant’s and of course reduction and renaming of trademark forms. Apart from these changes now many significant changes are made pertaining to filing of TM-A, i.e the actual application for filing of trademarks.
Apart from basic particulars, you are now required to file affidavit of usage in case you are writing or claiming any date in your trademark application.
In order to understand this better let us understand the concept of user detail! Application for Trademark registration can be filed even when you have not started using the Trademark, i.e with the user detail as proposed to be used, you may use this mark in near future or else you may apply for registration with the specific date when you started to use the trademark in past date too. But here is the catch-22.
Let us understand which choice is better, In case you apply for registration as proposed to be used, you are disclaiming not only your usage but you need to get this updated later on when you start using the Trademark as it is also a ground for rectification of the trademark, which in simple terms means the removal of your trademark from the register of trademarks on account of non-usage. This updation also has a cost attached to it, in case the mark is pending it will cost less and in case it is registered it will be an expensive thing to do.
If we compare this to old process – trademark application format allowed you may simply add the user detail and claim the usage. But now with new rules in such a scenario its is made compulsory to file an affidavit of usage in order to claim it – this brings more transparency since some would exploit by claiming without even using the trademark.
An affidavit of usage in simple language may be considered as document that contains the details substantiating your claims over the brand name usage, be it online or offline marketing details, be it your bills generated, or your online presence etc. anything and everything that shows that you are delivering your services or marketing your products with the applied brand name can be listed down in affidavit of usage.
This requires significant time, effort and expert skill of your lawyer to do the same. The affidavit of usage cannot be same for every application, and the applicant must pay proper attention to it, before submitting. It is always advisable to go through your legal work very carefully as each document has its own significance and relevance.
When you submit an affidavit of usage be careful about what statements your attorney adds there. As each of the claimed usage date, evidence, or user base details, these are considered as your submission legally. So do draft them carefully to avoid trivial Trademark Objection in future. Trademarks are usually filed with the help of lawyers with new laws it has now become necessary to get expert attorney to guide you and create legal documents which can help you and your brand to safeguard its rights in future.
